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HomeMy WebLinkAbout1982 P&Z MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON FEBRUARY 9, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 p.m. with the following members present: Clarence E. Gary Member Sandra Pollard Member F. Jay McBride Member Kermit A. Pittman Member George L. Scalise Member and with no members absent; thus, a quorum was established. 1. CONSIDERATION OF PROPOSED MEETING DATES Mr. Savage suggested that the next two meetings of the Commis- sion be scheduled as work sessions. He stated that Mr. Bob Wegner would be present at both sessions to give them an overall view of the planning process that they will be involved in as new Commission members as well as the zoning process. He did advise the Commission members that their regular meeting dates will be on the second and fourth Tuesdays of every month. 2. CONSIDERATION OF APPOINTMENT OF CHAIRMAN AND VICE CHAIRMAN Mr. Savage advised the Commission of the duties of the Chairman and Vice Chairman and stated that their duties were outlined within the rules of procedure that had been adopted. After a discussion, Member Gary moved that George Scalise be appointed Chairman. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Chairman Scalise moved that Member Pittman be appointed Vice Chairman. Seconded by Member Gary, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO THE COLONY GOALS COMMITTEE Mr. Savage gave the Commission a background regarding the Goals Committee and their duties, and told them that it would be meeting for a period of 90 days. He advised the Commission that the Council did prefer that one person be appointed to serve on the Committee for the duration. After discussion, it was agreed that Member Scalise would represent the Planning and Zoning Commission as a Member to the Goals Committee. 4. DISCUSSION OF THE FUNCTIONS OF A PLANNING AND ZONING COMMISSION At this time, the staff reviewed information that the new members of the Commission must be aware of in the conduct of City business. Janice Carroll, City Secretary, advised them of legal matters, i.e., Open Meetings Law, conflict of interest, plat filing and zoning procedure instructions. Mr. I. R. Bradburry, Director of Community Development, reviewed the zoning process. Mr. Savage advised them that Mike Cummings -1- of Hunter & Associates, was the engineer that served as consultant to the City and that Rob Dillard, of the law firm of Saner, Jack, Sallinger & Nichols, was the City attorney. He advised the Commission that if they would like information from the attorney, they need to have a motion to direct staff to procure a legal opinion for them. At this time, each new Commission member introduced himself: George Scalise stated that he had lived in The Colony for three years and was employed by FMC as a Manager of the Data Systems Services; Kermit Pittman stated that he worked for the firm of Wallace, Power Industries as an engineer and that he had lived in The Colony for one year~ Jay McBride told the Commission that he had lived in The Colony for five years and worked for Braniff Airlines; Sandra Pollard stated that she also had lived in The Colony for five years and was presently working in The Colony with her husband in insurance; Clarence Gary stated that he worked for the City of Dallas in the Planning Department and that he had lived in The Colony for three years. At this time, Mr. Savage went into great detail discussing the purpose of the Commission and some of the situations that they might expect in the near future. After a lengthey discussion, Member Pittman moved that the meeting be adjourned. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Scalise adjourned the meeting at 8:45 p.m. GEORGE SCALISE, CHAIRMAN ATTEST: JANICE CARROLL, SECRETARY -2- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON MARCH 24, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: George L. Scalise Chairman Robert V. Fiumara Member Sandra Pollard Member F. Jay McBride Member Kermit A. Pittman Member and with no members absent; thus, a quorum was established. 1. CONSIDERATION OF MINUTES OF FEBRUARY 9, 1982 Chairman Scalise asked for a motion to accept the minutes of the meeting held on February 9, 1982. Member Pittman made the motion to accept the minutes. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT ON BRANCH HOLLOW PROPERTY Mr. Savage stated that at this time we are considering the pre- liminary and final plat approval. He then turned the discussion over to Tom Cravens of Fox & Jacobs who presented the plat. He stated that this is a small tract of land with one lot. The location is immediately behind Stop N' Go, and due north of the Day Care Center. It is already zoned for General Retail. He further stated that Fox & Jacobs has a contract on the land to sell it for the proposed use of a Goodyear Store and Car Wash. All utilities are available and access will be from Branch Hollow. He then introduced Mr. T. L. Morgan, representative of the Goodyear Store who during the discussion presented pictures and discussed the site plan of the proposed Goodyear Store and Car Wash. Mr. Morgan was also joined in discussion by Mr. Ray Houpt also a representative of Goodyear Store. Member McBride made a motion to approve the preliminary and final plats. Seconded by Member Pollard. The motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time Mr. Savage reviewed the process of the Planning & Zoning Commission. The commission was informed that they would have to approve the site plan, and that they would be made aware of all requirements on site plans before a building permit could be issued. Mr. I. R. Bradburry, Director of Community Development, advised the Commission to remember that all front entrances must face the street. There being no further discussion, Member Pittman moved that the meeting by adjourned. Seconded by Member McBride, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Scalise adjourned the meeting at 8:05 P.M. Chairman, George Scalise Attest: Janice Carroll, City Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 13, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: George L. Scalise Chairman Robert V. Fiumara Member Sandra Pollard Member F. Jay McBride Member Kermit A. Pittman Member and with no members absent; thus, a quorum was established. 1. CONSIDERATION OF MINUTES OF MARCH 24, 1982 Chairman Scalise asked for a motion to accept the minutes of the meeting held on March 24, 1982. Member Fiumara made the motion to accept the minutes. Seconded by Member Pittman, the motion was passed by the follow- ing vote: Ayes: All members voted aye Noes: None 2. CONSIDERATION OF SITE PLAN APPROVAL FOR A LAND TRACT ZONED GENERAL RETAIL LOCATED ON BRANCH HOLLOW DRIVE Mr. I. R. Bradburry, Director of Community Development, brought the Planning & Zoning Commission up to date on the site plan for this land tract. The plan shows the sidewalks, adequate parking space, and an access easement, but does not show the sand traps or water and sewer hook-ups. M.U.D. will have to approve the sand traps and water and sewer hook-ups before a building permit is issued. Mr. Richard Folts, Mr. David Howard, and Mr. Bennie Morgan, representatives of the Goodyear Store, had a copy of their site plan which showed clearer details. Mr. Brad- burry stated a screening fence was not required. Mr. Tom Cravens, Fox & Jacobs representative, stated the property on the north side of the access easement will be developed sometime in the near future. The access ease- ment will be paved with 20 feet of concrete from Branch Hollow Drive to ~M 423 with Mr. Hunsicker, Fox & Jacobs, and Stop N' Go participating in the cost. It will be maintained as a private drive. A discussion followed whereby several questions were cleared up by the representatives of the Goodyear Store. Member Pollard made a motion to approve the site plan with the stipulation that the access road on Branch Hollow Drive be completed before the store is actually occupied. Seconded by Member Pittman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF REPLAT OF TRACT #3 OF GRIFFIN SQUARE SHOPPING CENTER ON THE NORTHEAST CORNER OF SOUTH COLONY BLVD. AND FM #423 Mr. I. R. Bradburry brought the Planning & Zoning Commission up to date on the replat of Tract ~3 of Griffin Square Shopping Center. He presented a copy of the original site plan as it was originally submitted in May of 1981, and the revised replat showing the subdividing of the tract into 3 lots. All the original preliminary and final plans were approved as one tract. On the revised plat, Mr. Bradburry stated that the city's eng- ineer and M.U.D. requested that fire lanes be built in the front and rear and should be designated as access easements. Mr. Scott Stone, developer of the original tract of land, stated that all he is asking for is to designate three individual lots using the same site plat and same tract of land. A discussion followed whereby Mr. Stone gave his reasons for wanting to revise the tract into three lots. Mr. Jack Morgan of Powell and Powell, representative of the shopping center, joined with Mr. Stone in discussing the plans for this tract of land. Member McBride made a motion to approve the replat, seconded by Member Pollard. After futher discussion, Member McBride amended his first motion to approve the replat to include a stipulation that updated plans be provided showing the fire lanes as access easements. Member Pollard seconded the amended motion. The motion was passed by the following vote: Ayes: All members present voted aye Noes: None 'N'd 0S:8 ~ bUTgS~m sq~ psu~no[p~ SSTieas u~m~TeqD ~uoN :s~oN aX~ p$~OA sgaqmam IIV :~oA Du!aoiio~ aq~ Xq passed s~ uoy~om aq~ '®p~2So~ aaqma~ Xq p@puooas -pau~no~p~ aq o~ ~oq uo psg~da2d aa~aq aq Pinoo Xaq~ os a~n~n~ a~au aq~ uy uoyssymmoo uoTssyuauoo buyuoz ~ buIuu~Id @q~ ~q~ pa~sabbns u~yd 2aqms~ 'uo!ssss 'UOTSS@s ~ao~ ~ oq o~ pa~ubysep aq qoIqa q~£~ iT~dV uo q~Ta DuTaq o~ DuIDu~qo go~ ps~spTsuo~ sq o~ pspssu ~IS~ X~q~ sms~I pu~ ssou~uIp~o DuIuoz pu~ ssgnmo~d pu~ ssIna II~ aSIASa o~ s2sq~sm ~o ~ss~ sq~ ps~s~nbsg usq~ SH 'sq~uo~ ~no~ go ~@~q~ snoTA~d sq~ ~o sa~nuym aq~ ~@yAs2 o~ osi~ pu~ 'sagnpaoogd pu~ saina aq7 uy saDu~qo s~Rm o~ pS~OA uoyssyunaoD Duiuoz ~ Duyuu~id uaq~ aq~ uaq~ I86I osI~ pu~ uoyssyunuoo buyuoz 9 Duyuu~Id aq~ ao~ dn ~os so~npooo2d pu~ soIn2 puooss sq~ uo suoyssss ~2o~ SA~q O~ ps~s@nbs~ osiV osTi~oS s~a gm~g I~UTbTgO @q~ u~q~ bUT~SSm s,UOTSSTUm~OO bUTUOZ 9 buTuu~Id sqg MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON APRIL 27, 1982 A SPECIAL SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: George L. Scalise Chairman Robert V. Fiumara Member Sandra Pollard Member Kermit A. Pittman Member and with Member F. Jay McBride absent: thus, a quorum was established. 1. CONSIDERATION OF MINUTES OF APRIL 13, 1982 Chairman Scalise asked for a motion to approve the minutes of the meeting held on April 13, 1982. Member Pittman made the motion to approve the minutes. Seconded by Member Fiumara, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 2. CONSIDERATION OF SITE PLAN FOR TRINITY PRESBYTERIAN CHURCH TO BE LOCATED ON THE SOUTHEAST CORNER OF FM 423 AND NASH DRIVE Mr. I. R. Bradburry, Director of Community Development, brought the site plan before the Commission on this land tract for Trinity Presbyterian Church. He stated that the zoning is already approved for the church and that the church is asking for approval of the site plan. He further stated that the site plan meets the city's specifications and that M.U.D. has initialed the plan giving their approval. The City has signed an agree- ment with Trinity Presbyterian Church for the 10 foot easement. Mr. Bradburry stated that one entrance to the parking lot is sufficient at this time. Pastor Ron Salfen and Mr. Wayne Quinney, representatives of the church, were present for discussion of this site plan. After dis- cussion by members of the Planning and Zoning Commission and represent- atives of Trinity Presbyterian Church, Member Pollard made a motion to approve the site plan. Seconded by Member Fiumara, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 3. REVIEW OF RULES OF PROCEDURE Chairman Scalise stated he would read the Rules of Procedures item by item and open up for discussion any changes deemed necessary by the Commission to be changed. A copy of these proposed changes have been attached to the minutes and are to be added to the agenda of the May 11, 1982 meeting. Chairman Scalise stated that in the future at each meeting he will sign the approved copy of the previous meetings minutes. Mr. Bradburry also stated that in the future when someone comes before the Commission who has been before them previously, a copy of those previous minutes will be attached to the Commission's packet for their review before the meeting. * Chairman Scalise then read to the Commission a letter received by Mayor Gene Pollard, dated April 19, 1982, asking the Commission to consider an amendment to the Comprehensive Zoning Ordinance that requires a Specific Use Permit for a temporary circus or carnival at the next meeting of May 11, 1982. Member Pittman stated he would like to see a copy of this ordinance in the Commission's packet for this next meeting, and he made a motion that consideration be given on the agenda for this request. Seconded by Member Fiumara, the motion was carried by the following vote: Ayes: Ail members present voted aye Noes: None Mr. Bradburry gave an article from the Dallas Morning News to Chairman Scalise to read to the Commission entitled "Smith's 'affordable' house sales hit the roof". This article was in regards to a subdivision in East Dallas by builder Smith Homes with houses 832 to 1217 square feet to resemble Victorian cottages with wood siding and trim. A discussion MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ~85 THE COLONY ~ HELD ON MAY 11, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: Kermit Pittman Vice Chairman Sandra Pollard Member Jay McBride Member Robert Fiumara Member Bill Metting Member and with no members absent, thus a quorum was established. 1. ELECTION OF CHAIRMAN Member Pollard moved that the Vice Chairman be acting Chairman until June when a new Chairman will be elected. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. APPROVAL OF MINUTES Vice Chairman Pittman asked for a motion to approve the minutes of the meeting held on April 27, 1982. Member Pollard moved that a correction be made under Item 3, paragraph 3, changing letter received by Mayor Gene Pollard to read, changing letter received from Mayor Gene Pollard. Member Fiumara made a motion to approve the minutes after this correction has been made. Seconded by Member Pollard, the motion was passed by the following vote: Ayes: Members Pittman, Pollard, McBride, and Fiumara Abstention: Member Metting Noes: None 3. PUBLIC HEARING REGARDING APPLICATION OF THE CITY OF THE COLONY TO HAVE THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY AMENDED SO AS TO REMOVE THE REQUIREMENT THAT A SPECIFIC USE ZONING BE REQUIRED FOR TEMPORARY CARNIVALS AND CIRCUSES IN THE CITY. Vice Chairman Pittman brought new Member Metting up to date on this item. A memorandum was given to all Planning and Zoning Commission Members from Janice Carroll with points of consideration from herself, I. R. Bradburry, Director of Community Development, and Nick Ristagno, Chief of Police, for temporary circuses and carnivals that will be presented to the City Council. A discussion thereafter followed on these points. Mike Harsanyi of The Jaycees, and John Botkin, Internal Vice President of The Jaycees, were present at this public hearing. The Jaycees are planning to have a circus in The Colony on October 31st, and they expressed their concerns on posting a $1,000 cash bond as stated in Item 15 of the above memorandum from Janice Carroll. Mr. Harsanyi stated that the circus already includes a clause including coverage done for any damage in the city. After further discussion, Member Fiumara made a motion to have the com- prehensive zoning ordinance of the city amended to remove the requirement that a specific use zoning be required for temporary carnivals and circuses in the city. Seconded by Member McBride, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Mr. I. R. Bradburry, Community Development Director, will send a memorandum to Mr. Dan Savage, stating the recommendations as discussed by the Planning & Zoning Commission. 4. CONSIDERATION OF APPROVAL OF RULES & PROCEDURES The changes in the Rules & Procedures were gone over by the Commission. Member Metting made a motion to adopt these changes as made. Seconded by Member Pollard, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None There being no further discussion, Member Metting made a motion for the meeting to be adjourned. Seconded by Member Fiumara, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 8:35 P.M. Vice Chairman Pittman ~opp ,~~Commi s s ion Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 8, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: Robert Fiumara Acting Chairman Sandra Pollard Member Jay McBride Member Bill Metting Member and with no members absent, thus a quorum was established. 1. APPROVAL OF MINUTES Acting Chairman Fiumara made a motion to approve the minutes of the meeting held on May 11, 1982. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. CONSIDERATION OF APPOINTMENT OF CHAIRMAN Member Pollard moved that appointment of a Chairman be delayed until the council appoints a new member to take the place of Kermit Pittman. Seconded by Acting Chairman Fiumara, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW OF GOALS COMMITTEE ROUGH DRAFTAND DISCUSSION OF MASTER PLAN Dan Savage, City Manager, brought to the attention of the Planning and Zoning Commission that the purpose of the Goals Committee report was just for their review and to make general recommendations. Thereafter followed general discussion on the various items included in this report. *Member Metting made a motion to delay any further dis- cussion until the City Council gives their final report. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. REVIEW OF CURRENT CITY ORDINANCES Mr. I. R. Bradburry, Director of Community Development, presented the Commission members a copy of the two new ordinances regarding tem- porary circuses and carnivals in The Colony. They were read over and generally discussed. These two ordinances are on the city council's agenda for their next meeting on June 14th. Mr. Bradburry feels that all of the city's zoning ordinances should be reviewed by the Planning and Zoning Commission. He brought to their attention as an example, the ordinance on Day Care Centers. As it now reads, a Day Care Center is a child-caring institution main- tained and conducted, licensed by the state, under public or private auspices which cares for more than four children under sixteen years of age. The State allows up to 12 children to be cared for in residential homes before a license is required. Member Metting asked if Mr. Bradburry would make a list of specific items he thinks should be reviewed. Member Fiumara stated that at each work session, time should be spent reviewing each city zoning ordinance. There being no further discussion, Member Pollard made a motion for the meeting to be adjourned. Seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 9:00 P.M. Acting Chairman Robert Fiumara ~opp~~,Commission Secretary *Corrected to read: Member Metting made a motion to delay any further discussion until the City Council receives the final Goals Committee Report. MINUTES OF THE PLANNING AND ZONING !~[ ~ ~ COMMISSION OF THE CITY OF THE COLONY HELD ON JUNE 22, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: Robert Fiumara Chairman Jay McBride Vice-Chairman Sandra Pollard Member Bill Metting Member Bruce Sopas Member and with no members absent, thus a quorum was established. 1. CONSIDERATION OF APPOINTMENT OF CHAIRMAN Member McBride mad a motion to appoint Member Fiumara as Chairman of the Commission, seconded by Member Pollard, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member Pollard made a motion to appoint Member McBride as Vice-Chairman by acclamation, seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. APPROVAL OF MINUTES Member Metting made a motion to amend the minutes of June 8, 1982, Item 3, Sentence 3, to read: Member Metting made a motion to delay any further discussion until the City Council receives the final Goals Committee Report. After this amendment has been made, Member Metting moved to approve the minutes, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF RULES OF PROCEDURE Member Pollard made a motion to approve the Rules of Procedure as written, seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. CONSIDERATION OF GOALS COMMITTEE REPORT Chairman Fiumara recommended that the Commission go over the Goals Committee Report page by page and discuss each item. Any recommendations they have for the council would be sent by memorandum after each meeting. General discussion followed thereafter on the first six pages of the Report with City Manager Dan Savage offering explanations of each item. It is being recommended to the City Council that they pursue as an immediate concern the securing of a demographic study of the City of The Colony in order to help both the City Council and the commission in the decision making process in which they are both included. On the short and long term goals for City Services/Utilities, the Comm- ission felt that two years is sufficient time on the short term goals, how- ever on the item of school crossing guards, they would like to see school crossing guards at the new Stewarts Creek Elementary School, yellow blink- ing traffic signals, a look at new vehicular laws for no passing in a school zone, and to stress to the Police Department to enforce the speed limit in this school zone very strictly. On long term goals, they feel some of these long term objectives might possibly take longer, up to ten years or more. Further discussion on the Goals Committee Report is to continue at the next scheduled regular session of the Planning and Zoning Commission. There being no further discussion at this meeting, Member McBride made a motion for the meeting to be adjourned, seconded by Member Metting, the motion was pasSed by the following vote: Ayes: All members present voted aye Noes: None Meeting adjourned at 9:45 P.M. Robert Fiumara, Chairman Beverly ~opP? ~ommission Secretary MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ~ ~ THE COLONY HELD ON JULY 13, 1982 A REGULAR SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: Robert Fiumara Chairman Jay McBride Vice-Chairman Sandra Pollard Member Bruce Sopas Member and with Member Bill Metting absent. A quorum was thus established. 1. APPROVAL OF MINUTES Member Pollard made a motion to approve the minutes of the meeting held on June 22, 1982, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING ON APPLICATION OF SHO-NUF BARBEQUE, 5201 SOUTH COLONY BOULEVARD, SUITE 700, FOR A CHANGE OF SPECIFIC USE ZONING IN A SHOPPING CENTER Member McBride made a motion to open the public hearing, seconded by Member Pollard, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Bill Hayes, representing Sho-Nuf Barbeque was present. He stated that his restaurant would like to serve beer and wine with their barbeque. They will have a take-out window that will sell beer by the six pack or case only. Mr. I. R. Bradburry gave the Commission his recommendations and brought them up to date on this restaurant. The plans have been gone over and the codes of the city have been followed. The only requirements that have not been met is on the landscapping and since it is in a shopping center, they will not be able to meet those requirements. The only other problem was with their plans for signs which originally did not meet our sign ordinance requirements. They now have plans which should meet the city's sign ordinance requirements. Judy Oaks, Manager for The Colony Joint Venture, was present and stated she is for this restaurant to be able to serve beer and wine. A general discussion thereafter followed by the Commission and after all their questions had been answered, a motion was made by Member Sopas to close the public hearing. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member McBride made a motion to grant the Specific Use Permit with the following stipulations, that the signs meet the city's ordinance require- ments, and a one year time limit be granted for the Specific Use Permit after which time the Commission can re-evaluate it from the electronic games to the beer and wine stand point, seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. REVIEW GOALS COMMITTEE REPORT The Planning and Zoning Commission reviewed the second half of the Goals Committee Report. Their findings are as follows and are being reported to the Mayor and City Council Members by memo this date. Citizen Awareness - Short Term Objectives 3. Stress the need of additional bulletin boards to inform the citizens of city events. 4. Instead of recorded telephone message on a trial basis, we feel cable television should be used more to inform the citizens of events of interest. 5. We have learned that Denton County is organizing a service to greet newcomers to The Colony, as well as the Chamber of Commerce working with Camey P.T.A. on providing a packet of information to newcomers. City Service/Utilities - Short Term Objectives 5. We feel this sould be a long term goal and should include a Municipal building for city offices as well. Growth - Lonq Term Goals We feel a citizens committee should be formed to assist the Chamber of Commerce in promoting The Colony and with this thought, to 'also bring Fox & Jacobs into the picture to possibly put advertisement on T.V. about The Colony as a sales program. Industry We would like to see the telephone company have better representation in our area, with a city as large as The Colony, we feel we should not have to go to another area to get telephones. Parks & Recreation We would also like to see further use of school facilities for people in The Colony. There being no further discussion, Member Pollard made a motion to adjourn the meeting, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Meeting was adjourned at 9:00 P.M. R~ob e~i~i'm~~r a '~C h a'i rman Beverly No"pp, C6n[mission Secretary MINUTES OF THE PLANNING AND ZONING ~ ~ COMMISSION OF THE CITY OF --~ [ THE COLONY HELD ON SEPTEMBER 28, 1982 A SPECIAL SESSION of the Planning and Zoning Commission was called to order at 7:30 P.M. with the following members present: Robert Fiumara Chairman Jay McBride Vice-Chairman Sandra Pollard Member Bruce Sopas Member Bill Metting Member and with no members absent; thus a quorum was established. 1. APPROVAL OF MINUTES Member Pollard made a motion to approve the minutes of the meeting held on July 13, 1982, seconded by Member Sopas, the motion was passed by the following vote: Ayes: Member McBride, Member Pollard, Member Sopas, Chairman Fiumara Abstention: Member Metting Noes: None 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR A 4.044 ACRE LAND TRACT LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF FM#423 AND NORTH COLONY BOULEVARD UPON THE REQUEST OF F & J, INC. Mr. I. R. Bradburry presented the Planning and Zoning Commission with a corrected copy of the preliminary and final site plat. He went over and explained the preliminary and final plat to the commission making note that the side building lot line designated as 30 foot on the pla~ does not have to be 30 feet. On October 12th, Seven Eleven will present the site plan and specific use request to the commission. They stated only alcholic beverages being sold will be beer and wine. Mr. Tom Cravens of Fox & Jacobs was also present to help answer any questions the commission had. A general discussion thereafter followed by the commission and after all questions had been answered, a motion was made by Member Metting that a recommendation be made to the council to grant the division of this pro- perty with a 20 foot side building lot line. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member Metting then made a motion to approve the preliminary and final plat, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF SITE PLAN APPROVAL ON A LOT #16 IN SUBDIVISION #13. This request has been tabled until October 12th, 1982, and will be presented then along with the specific use request. 4. REVIEW OF COMPREHENSIVE ZONING ORDINANCE. The commission is reviewing the zoning ordinance item by item and at the end of their review will present their recommendations to the council. There being no further discussion at this meeting Member Metting made a motion to adjourn, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Meeting was adjourned at 9:45 P.M. ~obert Fiumara, Chairman Beve~ ~ion Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 12, 1982 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Jay McBride Vice Chairman Sandra Pollard Member Bill Metting Member and with Bruce Sopas, Member, not in attendance; however, a quorum was established. 1. APPROVAL OF MINUTES Member Pollard moved to approve the minutes of the meeting held on September 28, 1982, as presented. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON PROPERTY LOCATED AT 5200 FM #423, AS REQUESTED BY CAMPBELL FELTON PROPERTIES, WITH MARTIN AMODEO ENTERPRISES, INC. ACTING AS AGENT Member Metting moved to open the Public Hearing. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Amodeo introduced Charlie Lambert, architect, to present the plans and discuss the use of the building on the CATV property. In accordance with Ordinance No. 161, Mr. Lambert presented to the Commission the site plan of the area and his elevations of the front and the sides of the building. On reviewing these plans, Mr. Lambert did note that they did not have the engineer's signature on them, and this would be obtained. He also stated that an engineering firm out of Fort Worth had prepared the soils report and, in discussing this with Mr. Bradburry, it was agreed that the piers should penetrate the shell layer by three feet. At this time, Member Sopas did arrive at the meeting. Member Sopas, after reviewing the plans, did state his primary concern was the ingress and egress onto the property off FM #423. Mr. Lambert stated they must check on the grade of FM #423 before an exact location for this traffic flow could be determined. Member Pollard asked if the CATV building would use the same access. Mr. Lambert assured that it would be one and the same. Mr. Savage did emphasize that permanent access to CATV must be coordinated with this plan, as there probably would not be a left hand turn lane provided. Member Sopas did note that the only access to this property is from the northbound lane of FM #423. In discussing this, Mr. Lambert did state that he recom- mended only one access to FM #423 and that it be 30 feet in width. Mr. Savage asked what type of landscaping would be provided, as this was a requirement of the specific use permit. Mr. Lambert assured that it would be live plants, and that they would utilize the creek area in some way. In further discussion, Member Metting did state he had a real problem with a 180-degree turn off FM #423 into a small parking lot. There followed a lengthy discussion regarding traffic flow into this area. Member Pollard stated that she also had a problem with a liquor store requiring 3000 -1- square feet. Mr. Amodeo did explain that much of this area will be used as an off±ce and as an unloadin9 area from the back. He advised the Commission that the interior would primarily be done out of rough cedar with custom-built wine racks and be very attractive to the customers. Member Sopas asked what would be the volume of beverage sales in comparison with food sales. Mr. Amodeo stated that party items only would be sold, and these would be ready-made items so that the percentage would be very high for liquor. Member McBride asked where the dumpster would be located on this presented site plan. It was stated that an exact location had not been determined but that it would be to the back, and it would be enclosed. Mr. Amodeo stated that he would go to extra lengths to keep the area neat and attractive in appearance. He added that the front of the building would have a brick colonial exterior. Member Metting asked what type of offices would be included if this building were expanded in the future. Mr. Amodeo stated it would be offices such as insurance, florists, beauty shop, etc. Member Pollard did clarify that Mr. Amodeo was leasing the property only from CATV and not interested in purchasing it. Mr. Amodeo clarified that this was true. At this time, Member Pollard moved to continue the Public Hearing to the October 26th meeting date. Seconded by Member Sopas, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None It was noted that Mr. Amodeo would bring back additional informa- tion regarding signing and landscaping which is required for a specific use permit. 3. PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON A LAND TRACT LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF FM #423 AND NORTH COLONY BOULEVARD, ON THE REQUEST OF THE SOUTHLAND CORPORATION Member Metting moved that the Hearing be opened. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Dan Savage introduced Mr. Marc Drasin, a representative of the Southland Corporation. Mr. Drasin at this time presented the site plan of the proposed building as well as an interior layout of the building for the Commission to consider. Member Metting did note that in their approval of the subdivision plans at their last regular meeting, it was approved contingent on a 20-foot setback from the street rather than a 10-foot setback. Mr. Drasin agreed and stated that it would be corrected on the site plan. Member Metting expressed concern also that the regu- latiOns for gas tanks be met. Mr. Drasin advised that a 52-foot distance was required by state regulations. The Commission did discuss signing for the 7-Eleven, and Mr. Drasin advised them that they did not have any objection to only one sign. Mr. Savage stated that the sign requirements must be reviewed and be in com- pliance with the City's sign ordinance. In a discussion of entrance- ways from FM #423 and North Colony Boulevard, Mr. Drasin advised them that both entranceways were on Fox & Jacobs land and were 150 feet from the actual intersection. He did agree to provide to the City a letter agreement from Fox & Jacobs and 7-Eleven that the entranceways will be built by Fox & Jacobs. On reviewing the interior, he advised the Commission that the last five vaults within the store would be used for beer and wine. Member Sopas asked if video games would be provided. It was explained that some games would be located at the checkout counter, and the store would be in compliance with all city ordinances. At this time, Chairman Fiumara requested input from citizens present at this Public Hearing. Sherman Nastzger asked what the original intent was for this four acres. Member McBride stated that it was -2- originally zoned shopping center and subdivision of property within a shopping center zoning is common. Roy Ames stated that he was against an additional beer and wine permit in The Colony, as presently there are five stores in The Colony that sell beer, wine or liquor, as well as eight in an area of one and one-half miles. Ronny Tolle was recognized and stated that she had managed a convenience store in the past and did object to it being open 24 hours due to much of the clientele that does frequent the store late at night. Anna Reems stated that she was concerned with the screening around the area. Mr. Savage did explain that a fence was not required per ordinance standards, and the City could not actually require a screening fence when residential property did not abut the land. Ms. Reems stated she was also concerned that a 7-Eleven at that location would generate more traffic. Mr. Drasin then explained they did not plan to build the 7-Eleven for one year and that they would wait for most of the construction of FM #423 to be completed. Mr. Drasin did state that the philosophy of 7-Eleven was that they were a neighborhood convenience store and that they do want to do things that people like in the neighbor- hood, as well as meet their 24-hour needs. He did state that the sale of beer and wine does attract a certain segment of the customers, however, he felt that they are a leader in this business and have not had a problem with crime or questionable customers in other areas. Member Pollard stated that they must be concerned with the needs of the entire city, and one concern was that there was no commercial establishment at the north end of The Colony. Mr. Nastzger was recognized again, and he stated that he had no objection to the 7-Eleven but was concerned with traffic and screening for residential property. At this time, Chairman Fiumara stated that the Commission had received two written letters regarding 7-Eleven in this area and read aloud the following letters. Dear Sirs, This letter concerns the planned zoning change of the property on the southeast corner of FM 423 and N. Colony Blvd. There is no doubt that this planned zoning change will have an adverse effect upon the appearance and quality of adjacent properties, unless certain special precautions are taken. The reasons for my belief that problems may result are as follows. At the current time I find whiskey bottles and beer cans discarded on my property. These bottles and cans are thrown there by passing motorists who represent a certain irresponsible element which resides in The Colony. This trash is also thrown regularly onto the median which divides the entrance to N. Colony Blvd. I fear that this so-called convenience store which is proposed for the corner lot will only be a convenience for those who display this irresponsibility with regard to their empty containers of alcohol and the adjacent properties. To prevent the current problem from compounding itself by the sale of alcoholic beverages on the corner property, I feel that it is necessary to post the area with clearly visible signs which specify substantial fines ($100-$200) for littering. I must add however, that there is something worse than no law in this instance, and that is, a law which is not enforced. If the City of The Colony does not enforce such laws, then it is better to have no law. The reason for this being that unenforced laws breed contempt for the legal system by those who disobey them, and cynicism by those who obey. Sincerely, Mark A. Dablain, 6713 Joy Dr., The Colony TX Dear Planning & Zoning Commission, The City of The Colony, I feel that between the two existing convenience stores and the liquor store on FM 423 there is really no need for an additional convenience on FM 423. The corner of FM 423 & North Colony Blvd. is congested enough with rush hour traffic 3 in the mornings & afternoons especially with the addition of the school traffic. A convenience store on this corner would only increase the Probability of accidents & injuries. In my opinion we do not need a convenience that will also sell beer & wine at the corner of FM 423 & North Colony. Respectfully, John Bruce Lyle, Jr., 6701 Joy Drive, Box 88603, The Colony TX 75056 (214) 370-3154 Member McBride asked if the city was aware of any long-range develop- ment plans for this entire four-acre tract. Mr. Savage stated that he did not know of any additional development plans at this time. After further discussion, Member Pollard moved that this Hearing be closed. Seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Prior to voting, the Commission did discuss their plans. Member Pollard stated she was concerned with the upkeep of the property prior to any commercial developments surrounding it. Member Metting agreed. He did state that he knew 7-Eleven would keep up their area, but he was concerned with the open fields owned by Fox & Jacobs. Member Sopas stated that he did respect 7-Eleven as a corporation operating convenience stores, although he did understand the citizens' concerns. He did feel that competition within The Colony is necessary and a good product of our growth. Member Metting also stated that the 150-foot setback does help traffic flow, as he was concerned with the safety of children crossing that intersection. Member Pollard stated that it was the Commis- sion's duty to weigh the advantages and disadvantages of a special use permit for a convenience store at this location. At this time, Member Metting moved to grant the special use permit. Seconded by Member Sopas, the motion passed by the following roll call vote: Ayes: Members Fiumara, McBride, Metting and Sopas Noes: Member Pollard 4. CONSIDERATION OF A SITE PLAN APPROVAL PRESENTED BY THE SOUTHLAND CORPORATION ON A LOT LOCATED ON THE SOUTHEAST CORNER OF FM #423 AND NORTH COLONY BOULEVARD Mr. Savage advised the Commission that they should review the same document that was presented as a requirement of the special use permit. He did note that the 20-foot setback would be corrected on it. Mr. Savage also requested again a document that would clarify the right of access of 7-Eleven. Mr. Drasin explained that this document would be signed at closing, however, a letter to that effect can be provided. Chairman Fiumara stated that he did feel it was necessary that the sign requirements be reviewed and that they conform to the city sign ordinance. Member Sopas said he had no problem with the ingress and egress arrangement presented by the Southland Corporation. At this time, Member McBride did move to approve the site plan as presented contingent on the 20-foot setbacks on each public right of way, the signing be in compliance with the sign ordinance and an ingress and egress agreement between Fox & Jacobs and Southland Corporation be provided. Seconded by Member Pollard, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None At this time, Member Sopas requested that the attorney review Ordinance No. 159, which does allow a special use permit on the same property for a transmitting tower to see if there would be any conflict in the granting of two such permits on the same piece of property. It was so noted. -4- 5. REVIEW OF THE COMPREHENSIVE ZONING ORDINANCE Chairman Fiumara stated that this would be tabled until the October 26th meeting when Mr. Bradburry, Director of Community Development, would be in attendance. At this time, there being no further action to be brought before the Commission, Member Pollard moved to adjourn the meeting. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Fiumara adjourned the meeting at 9:25 p.m. ROB~.RT FIUMARA, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY -5- MINUTES OF THE PLANNING & ZONING 2C5 COMMISSION OF THE CITY OF THE COLONY HELD ON OCTOBER 26, 1982 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m., with the following members present: Robert Fiumara Chairman Sandra Pollard Member Bill Netting Member Bruce Sopas Member and with Jay McBride, Member, absent; however a quorum was established. 1. APPROVAL OF MINUTES Member Pollard moved to approve the minutes of the meeting held on October 12, 1982, as presented. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 2. CONTINUANCE OF PUBLIC HEARING REGARDING A SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON PROPERTY LOCATED AT 5200 FM 423, AS REQUESTED BY CAMPBELL FELTON PROPERTIES, WITH MARTIN AMODEO ENTERPRISES, INC. ACTING AS AGENT. Member Netting moved to reopen the Public Hearing. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Ail member present voted aye Noes: None Mr. Amodeo presented a 30 second tape on their store in Flower Mound for the Commission to see what it looks like. He then stated he, Mr. Lambert, and Mr. Lank were open for any questions the Commission might have. Mr. Lambert presented a site plan to the Commission that includes the landscapping. He stated the civil engineering firm had been in contact with the State Highway Dept. as well as Hunter Associates. There was a discrepancy on the entrance to the proposed store, the State Highway Dept. wanted 30 feet and Hunter Associates said they wanted 35 feet. Mr. Lambert stated they would go along with whatever the two entities decided. He then stated they were raising the floor level of the building approximately 5 feet from existing elevation, and with the building being another 16 feet taller, 21 feet taller than what is there now, it will be able to be seen south of the Brookshire's store so you will have a great deal more site time to know that something is there. The finished floor of the building will be a little bit higher than the lowest part of the highway. It was noted that a caution sign on FM 423 stating "driveway approach" could be added with no problems. Mr. I. R. Bradburry stated they would have to build a temporary right hand turning lane on FM 423. Mr. Amodeo then stated that the revenue from this store would be a benefit foz the city also adding they would be hiring citizens of The Colony as their employees. Member Sopas expressed concern about some kind of divider off the approach onto FM 423. Member Netting is still concerned about the 180 degree turn off FM 423 into a small parking lot. Citizen Mrs. Larry Russell was present and stated that she and her husband were both for this proposed store. Thereafter followed lenathy discussion by the Commission, after which time Member Sopas made a motion to close the Public Hearing. Seconded by Member Pollard, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Fiumara asked for a motion on the requested specific use permit, there being no motion made, this item will go before the city council at its next regularly scheduled meeting with no recommendations from the Commission. 3. CONSIDERATION OF AMENDING THE SITE PLAN FOR THE LAND TRACT OWNED BY CATV AT 5200 FM 423 TO INCLUDE A SECOND COMMERCIAL BUILDING. Due to a motion not being made on Item 2, Item 3 was not discussed at this time. 4. REVIEW OF COMPREHENSIVE ZONING ORDINANCE Chairman Fiumara stated that this would be tabled until the next regularly scheduled meeting when all members should be present. There being no further discussion at this time, Member Pollard made a motion to adjourn the meeting. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 8:15 p.m. Beverly Nd~p, CVo~mission Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 9, 1982 A REGULAR SESSION of the Planning and zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m., with the following members present: Robe rt Fi umara Ch airman Bruce Sopas Member Bi 11 Metting Member Jay McBride Member Sandra Pollard Member and with no members absent; thus a quorum was established. 1. APPROVAL OF MINUTES Member Pollard moved to approve the minutes of the meeting held on October 26, 1982, as presented. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Chairman Fiumara, Members Sopas, Pollard, and Metting Abstention: Member McBride Noes: None 2. CONSIDERATION OF CATV ZONING REQUEST FOR A SPECIFIC USE PERMIT TO SELL LIQUOR, BEER AND WINE AT 5200 FM 423. Mr. Amodeo of Martin Amodeo Enterprises, Inc. requested that this item be tabled until the next regularly scheduled meeting on November 23rd so that his lawyer could be present. Member Pollard made a motion to accept Mr. Amodeo's request to table this item, seconded by Member Sopas, the request was passed by the following vote: Ayes: All members present voted aye Noes: None 3. CONSIDERATION OF AMENDING THE SITE PLAN FOR THE LAND TRACT OWNED BY CATV AT 5200 FM 423 TO INCLUDE A SECOND COMMERCIAL BUILDING. Due to the fact that Item 2 is being tabled until the next regularly scheduled meeting on November 23rd, Member Pollard made a motion to also table this item, seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. REVIEW OF THE COMPREHENSIVE ZONING ORDINANCE The Commission continued its review of the comprehensive zoning ordinances and at their completion will give their recommendations to the city counci 1. At this time it was suggested by Member Metting that we ask the city attorney to be present at our next meeting on November 23rd. It was also requested that our next meeting start at 8:00 p.m. instead of 7:30 p.m. Mr. Amodeo will be notified by mail of the change of time. There being no further discussion, Member Metting made a motion to adjourn this meeting, seconded by Member Pollard, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 9:00 p.m. Ch si r~ma .~R o~e~t ~~a Beverly Nopp, C6mmiss~6n Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON NOVEMBER 23, 1982 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 8:00 p.m. with the following members present: Robert Fiumara Chairman Bruce Sopas Member Bill Metting Member Jay McBride Member Sandra Pollard Member and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Member Pollard moved to approve the minutes of the meeting held on November 9, 1982, as presented. Seconded by Member Metting, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 2. CONSIDERATION OF SPECIFIC USE PERMIT REQUEST IN A SHOPPING CENTER ZONING ON PROPERTY LOCATED AT 5200 FM #423 AS REQUESTED BY CAMPBELL FELTON PROPERTIES WITH MARTIN AMODEO ENTERPRISES, INC. ACTING AS AGENT Chairman Fiumara advised the audience that this was not a Public Hearing. Janice Carroll, Acting City Manager and Secretary to the Commission, was recognized. She did advise the audience, as well as the Commission, that this was a meeting for them to review all plans and information provided to them by Mr. Amodeo and staff so that they could make a proper recommendation regarding this zoning request. After this recommendation is provided, it will be necessary for a second hearing to be called before the City Council. At this time, the Council will hear all comments for or against this zoning request. Upon reviewing the site plan, the Commission discussed traffic flow. It was confirmed that the entrance to the parking area for Mr. Amodeo's building would be divided. It was also noted that in the proposal there was no provision for sign specifications. Mr. Bradburry did advise the Commission that, based on the dimensions of Mr. Amodeo's building, the I.D. sign on his building could be a maximum of ninety square feet. At this time, Member McBride did move that this zoning request be approved contingent on the divided approach and that the signs be in compliance with the City's Sign Ordinance, No. 178. Member McBride's motion died for lack of a second. At this time, Charles Fiscus, legal counsel for Mr. Amodeo, requested that Rob Dillard, City Attorney, review the procedure for zoning and the standards for judgment on a zoning case. Mr. Dillard did review this at great length. He did advise those present that the Planning and Zoning Commission is an advisory board only to the Council and carries no legal liability for its actions. He did clarify that each zoning case is a separate issue and changed conditions are a part of a change in zoning. He advised the Planning and Zoning Commission to treat all zoning cases with an open approach and base all decisions upon reason, discretion and good judgment. He did advise that special conditions to a particular zoning can be recommended by the Commission. After further discussion, Member Metting moved to deny this zoning request. The motion was seconded by Member Sopas and passed by the following roll call vote: Ayes: Members Sopas, Fiumara, Pollard and Metting Noes: Member McBride 3. CONSIDERATION OF AMENDING THE SITE PLAN FOR THE LAND TRACT OWNED BY CATV AT 5200 FM #423 TO INCLUDE A SECOND COMMERCIAL BUILDING Mrs. Carroll advised the Commission that this could be considered separately from the zoning request. After brief review, Member Pollard moved to deny the approval of this site plan. Seconded by Member Metting, the motion was passed by the following roll call vote: Ayes: Members Sopas, Fiumara, Pollard and Metting Noes: Member McBride 4. CONSIDERATION OF PRELIMINARY AND FINAL PLAT FOR THE SUBDIVISION OF THE PROPERTY LOCATED AT 4809 SOUTH COLONY BOULEVARD EAST OF GRIFFIN SQUARE SHOPPING CENTER UPON THE REQUEST OF THE GOOD SHEPHERD LUTHERAN CHURCH Member Metting removed himself from the Commission and, at that time, stood with representatives of his church to present the preliminary and final plat for this land tract. Upon review of the material presented, Mr. Dillard, city attorney, advised that this was not in compliance with the final plat requirements as outlined in the City's Subdivision Ordinance. It was also noted that approval of the site plan had been omitted from this agenda, however, upon further review of the requirements of the Zoning Ordinance, it was determined that possibly the site plan need not be approved by P&Z and the Council, as the church generally is not defined as an institution. The Commission did note that there was only one entrance onto the area, however, after further discussion, it was agreed that this should be brought back to the Commission in proper form at the meeting scheduled for Decem- ber 7th. There being no further action to be taken by the Commission, Member McBride moved that the meeting be adjourned. Seconded by Member Pollard, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None Chairman Fiumara adjourned the meeting at 9:05 p.m. ATTEST: JANCIE~ CARROLL, COMMISSION SECRETARY -2- MINUTES OF THE PLANNING & ZONING 2~ 4 COMMISSION OF THE CITY OF THE COLONY HELD ON DECEMBER 7, 1982 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Sandra Pollard Member Bill Metting Member Jay McBride Member Bruce Sopas Member and with no members absent; thus, a quorum was established. 1. APPROVAL OF MINUTES Member Pollard made a motion to approve the minutes of November 23, 1982, as presented. Seconded by Member Metting, the motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None 2. CONSIDERATION OF PRELIMINARY AND FINAL PLAT APPROVAL FOR A 9.136 ACRE LAND TRACT LOCATED AT 4809 SOUTH COLONY BOULEVARD UPON THE REQUEST OF GOOD SHEPHERD LUTHERAN CHURCH Member Metting removed himself from the Commission and, at that time, stood with the representative of his church to answer any questions by the Commission. Mr. I. R. Bradburry presented a copy of the preliminary and final plat to the Commission. He explained in detail what the plat included and stated that everything on it was in order. Janice Carroll, Acting City Manager, noted that the agenda advertised for a 9.136 acre land tract which is the total land tract, the address is correct however the church is a subdivision of this tract of land and would only be a little over two acres. At this time a model of the proposed church was shown to the Commission. After further discussion, Chairman Fiumara made a motion to approve the preliminary and final plat. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: Members Fiumara, Pollard~ McBride, Sopas Noes: None 3. PUBLIC HEARING REGARDING A CHANGE IN ZONING FROM SINGLE FAMILY TO PLANNED DEVELOPMENT IN SECTION #24 ON THE FOLLOWING STREETS AS RE- QUESTED BY FOX & JACOBS, INC.--JENKINS, NERVIN AND LARNER Before opening the public hearing, Chairman Fiumara called on Janice Carroll, Acting City Manager. Mrs. Carroll addressed the audience and explained the agenda and process of a public hearing. At this time, Member Metting made a motion to open the public hearing, seconded by Member McBrid~ The motion was passed by the following vote: Ayes: Ail members present voted aye Noes: None At this time, Mr. Ron Walden, representative of Fox & Jacobs, was recognizec to make a presentation on the cluster home concept. He gave a background of the first planned development and then of this particular product con- cept itself. He stated that a little over a year ago he began to have discussions with the council and the staff about introducing some new innovative product concepts in housing in The Colony. It was about the same time when it was being considered to amend the zoning ordinance and raise the single family detached minimum house size from 1000 square feet to 1100 square feet, except Section 27 which Fox & Jacobs has been selling and building the cottage line of homes which range in size from 1000 sq. feet up to a little over 1200 sq. feet. At that time it was discussed with the council and they instructed that should Fox & Jacobs want to come in with a product concept that was different from single family detached lots, running streets, with an alley in the rear, and or any combination with any house size under 1100 square feet, it would need to be addressed in a planned development category. He further stated that what had been submitted to the Commission this evening is a package which speaks to the background of cluster products and a proposed draft ordinance that might be used with the staff to work with on this particular category. He went on to talk about the product concept itself stating that about three 215 months ago he started discussions with the council and staff in regards to the results Fox & Jacobs was having with this new housing concept in other areas where it was introduced in the spring of this year. Fox & Jacobs' objective at that time was to take the basic house size which is called, depending on what part of town you are in, starter houses, affordable houses, a house for the first time home- buyer. A single family detached house for a young couple buying a first home, for singles, and in many cases for people who have re- tired who no longer have the need for as much space. They began addressing the need to keep the house in the affordable range available to as many families as possible in the metroplex area based on the rising interest rate and rising housing cost. One of the things they introduced herein The Colony in the summer of 1981 was the cottage series of which there are about 200 of those built in The Colony. The price of some of these lots were still pricing some of the people out of the housing market. The other thing found was that Fox & Jacobs had designed a house that is sitting on a lot that size without escape so that when you build an exit for those houses as you look down the street you saw alot of cars sitting in driveways. You also had what seemed to be a vast distance between two houses because you had alot of unused side yards. Fox & Jacobs began to work on a concept where they could attack both of these issues, putting that size house into a lot configuration where it was in scale with other houses and wouldn't look even smaller than it was, and secondly to address this issue of getting the car as much as possible off of the street and shielded by the house. They came up with this concept which they call cluster homes. They introduced it last April in the subdivision of Highlands of Satyr Hill, shortly thereafter in a subdivision in southeast Dallas called Independence Park, and this past September got zoning implemented to build in the City of Allen. At this time, Mr. Walden had a slide presentation to show some of the cluster home concepts. After the slide present- ation, Mr. Walden began talking about the land plan. The area where they would introduce this concept in The Colony is in Section 24 which is 117 single family homes. The 20 acre park next to it would be dedicated to the city. They are committed to building nothing under 1700 sq. feet on the north side of Hale Street, east side of Curry, and about 20 lots south of Augusta. In addition to that they are dropping down to 1500 sq. foot minimum on the east sie of Curry and on both sides of Larner which represents about another 25 lots moving south, and then the minimum on the rest of Section 26 to North Colony Boulevard will be 1200 square feet. The minimum in the duplex area is 900 square feet, and Fox & Jacobs is requesting in the cluster configuration replat 900 square feet minimum to match the duplex. No more than one unit in each cluster of four would be below 1000 square feet. In the two subdivisions they have today they are selling a particular house with 2 bedrooms and one bath that is just over 900 square feet. Mr. Walden also brought along an aerial concept which he showed on the slide. A copy of the proposed plat is also included in the package. The one correction to the legal description that was originally advertised is the clusters included the lots on both sides of Larner, and having now reached a tentative agreement with the homeowners to put 1500 square feet minimum single family detached houses there, he will be asking the staff to remove that portion of the legal description from the zoning ordinance. After Mr. Walden's presentation, Chairman Fiumara asked the Commission and staff if they had any questions. Janice Carroll stated that as Mr. Walden said this entire package has been presented to the council, they did go and view these clusters and were impressed with the concept. One thing the staff is concerned with is the square footage of the homes and it should be noted that anything under 1000 square feet be limited to only one home per cluster, and that's something that needs to be addressed. She noted they are not presenting a conceptual plan, they are presenting a development plan. They have also presented a time schedule and this will have to be a part of the ordinance. Another point is that the square foot minimum must be designated in the ordinance. She further stated that another thing our ordinance addresses is a copy of the deed restrictions or the governing document that was used in this type of development. Mrs. Carroll stated that in the proposed ordinance, the model home was a part of this particular zoning area. She asked if Fox & Jacobs was requesting that they have their model home in this area. Mr. Walden stated they did not have their plans set yet as to where their models will be, but one of the proposals was they would make a temporary entry on Larner --2-- and build a couple of models right there. Mrs. Carroll stated this was something that would need to be addressed. Regarding Fire, Police, and trash pick up, Mrs. Carroll called on Mr. Bradburry who stated everything meets the requirements for adequate fire protection and for the trash collection. He stated the Commission should go over zoning ordinances no. 10.600 through 10.711 for reference. Mrs. Carroll also noted that a cluster grouping should be a deterrent to crime. Attorney Dillard asked for a clarification on what was going to be omitted from what was originally advertised. At this time Chairman Fiumara requested a 5 minute recess after which he asked for any questions from the Commission. Chairman Fiumara asked Mr. Walden if the cluster housing was going to be geared to single people and noted The Colony does not have much to offer to single people. He also noted the added traffic coming onto 423 would make it worse than it already is to get out of The Colony. Mr. Walden stated it had no bearing on this public hearing but he did say that he made two other proposals to the council at the same time this proposal was made. One of them was for some acre size lots with ranch style homes, which they couldn't agree on a area, the second thing was a proposal of extending Blair Oaks south all the way to 121 to provide for another access. Chairman Fiumara asked Mr. Walden if they had also looked into the water situation. He replied they had and won't ask for any building permits that would present any kind of water problems prior to the Dallas water line completion. Member McBride noted in the proposed deed restrictions a statement that garages are set back on the opposite side of the house from the public street which enhances the view from the street while allowing the eye to appreciate the architecture of the house. He stated he didn't see this on the slides and Mr. Walden stated this statement was incorrect and was made by one of his staff in reference to the two houses in the rear of the clusters. On the front two houses, the garages do side the street. Member Pollard asked about the mix of having only one unit per cluster under 1000 square feet, what the feeling would be about having an average per cluster. Mr. Walden stated this was discussed with the council and he says it depends on who the buyers are, and if the singles are the ones buying the smaller square footage house. If that house sells in a given cluster, you won't average quite 1100 square feet. Member Sopas noted that the average could very well be less than 1100 square feet. Member Pollard stated that she likes the concept of cluster homes. Member Sopas agreed that he too liked the concept of cluster homes. Member Metting stated his concern is how long will this type of housing meet the needs of a young family after they start having children. Mr. Walden stated they will either want to move up into a larger home, or they will occupy one of the two rear homes which are big enough to raise a family. Thereafter followed general discussion by the Commission, after which Chairman Fiumara asked those who signed on the sign up sheet to speak. The first person to speak was George Lindquist, 4627 Nervin, he stated that he didn't really care if they built the cluster homes or not; his concern was with traffic and the fact that Nervin is the only street going through to 423. Nervin is a busy street already. The second speaker was Joie Webb, who lives on Jenkins Circle. Her concern was everything about the cluster homes. She stated the cluster homes would affect the resell value of her home, the concept would be a detriment, she thinks the cluster homes look like army barracks, there will be a minimum of two cars per family creating more problems with the traffic. She thinks these cluster homes will bring in people would cannot afford anything else. She further stated that Fox & Jacobs should not build anything else until 423 is widened. Mike Shipley who lives at 4411 Chapman, a duplex, spoke next. He stated these cluster homes would be backing up to his home on Chapman and he is concerned about the resell value of his home. He assumes the back two houses in a cluster will be 8 feet from the alley and there will be added trash problems. He stated he is opposed to the idea of cluster homes. Next to speak was David Kellaway who lives at 4624 Nervin. He stated that he also thinks it will create more traffic problems and this should be taken into consideration, also should look into regulating the speed limit. Basically he thinks the concept of these homes is good, however land- scapping should also be looked into. He further stated the cluster homes should be looked at in another area of The Colony. Larry Darrow who lives at 4600 Nervin, spoke next starting with some questions. His first question was what is proposed cost of the units. Mr. Walden replied the smallest home in a cluster would be approximately $48,000. Mr. Darrow stated he does not think they will be attractive to single people because there is not much to offer them here in The Colony. He also stated he doesn't think they will be attractive to retired -3- 2 1 7 ~eople who would have to drive everywhere to do anything. He further stated that the walkways between the homes would be a problem with the garbage, that the parking pads are too small and there would not be enough room for parking if you were to have company, and the landscapping would be a problem if it were left up to the people who moved into these homes. He stated they were misrepresented by the salesmen for Fox & Jacobs when they bought their homes because they were told all the homes in this area would be flairs. He then asked what the other alternative to cluster homes would be. Member Pollard replied the other alternative would be 1100 square foot cottages or flair homes, whichever is selling. Mr. Darrow further added that street lighting would be a problem, storage area would be a problem, and he also thinks these cluster homes will bring in more and more renters who will not be taking care of the homes they will be renting. The last person to speak was Jack Villecco, 4416 Augusta, who was acting as spokesperson for approximately 18 homeowners on Curry, Hale, and Augusta. He asked for a 10 minute break to get together with the people he represented to make sure he had all the questions in order they wanted to ask. Due to the late time, Chairman Fiumara denied this request and Mr. Villecco proceeded with his comments. He stated the homeowners in this area are concerned about the rezoning of the area behind Augusta and Hale Street and along Curry. He personally thanked Mr. Walden for meeting with them and changing the originally advertised area to omit Larner Street from cluster homes. He stated that he would like to have it noted in the minutes that it appears to the homeowners that this agreement which was outlined as far as 1500 and 1700 square foot homes, is going to be tied into the ultimate approval and be a part of the package. He then went on to state that Item 5 on the agenda should not be completely separated from this public hearing being discussed now. Chairman Fiumara stated Item 5 was a completely different issue. Mr. Villecco went on to ask how many rooms would be in these houses. Mr. Walden stated the smallest home would have 2 bedrooms and one bath. He then brought up why this section was picked for these cluster homes. Mr. Walden stated it has been their experience to include as wide a range of houses as possible in neighborhoods. Mr. Villecco then stated they were concerned about more traffic in a school area, he also stated that the proposed park site of 20 acres might not be useful on the whole 20 acres due to a deep drainage area running through the park. He suggested contacting Park & Recreation Director Rick Herold to ask about this problem. He further asked the Commission to be sure they were satisfied with the square footage of these homes as presented tonight. He also noted that his questions and topics are not in any priority order, they are merely their views in general. The group was unanimous in stating the salesmen who were dealing with them when they purchased their homes stated the larger flair homes are what would be built in this area. He stated the group has not all unanimously agreed to the compromise offered to them by Fox & Jacobs. At this time Chairman Fiumara made a motion to close the public hearing, seconded by Member Metting. The motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member Pollard then made a motion to postpone any decision by the Commission until they could have a work session which is scheduled for Thursday, December 16th at 7:30 p.m. The Commission will go over deed restrictions, complete development plans as addressed in our zoning ordinance no. 10.664, and also square footage conditions. Seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 4. PUBLIC HEARING REGARDING A CHANGE IN ZONING FOR A SPECIFIC USE PERMIT TO SELL LIQUOR, BEER AND WINE IN A SHOPPING CENTER ZONING AT GRIFFIN SQUARE SHOPPING CENTER LOCATED ON THE NORTH- EAST CORNER OF THE INTERSECTION OF SOUTH COLONY BOULEVARD AND FM #423 UPON THE REQUEST OF SCOTT STONE WITH WILLIAM SHARP, III ACTING AS AGENT -4- 21o A motion was made by Member McBride to open the public hearing, seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Bradburry presented a complete set of plans to the Commission and Mr. Sharp was present to answer any questions. Chairman Fiumara asked for any input from the public. It was noted there was no comments for or against this zoning change. Member Metting moved to close the public hearing, seconded by Member Pollard, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Due to the fact that Mr. Sharp is not exactly sure of the suite number for this liquor store, this item will be postponed until the next scheduled meeting on December 21st. 5. PUBLIC HEARING REGARDING AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO PROVIDE FOR MORE THAN ONE RESIDENTIAL DISTRICT ZONING CLASSIFICATION. Janice Carroll stated that the Commission might want to postpone this item. Member Metting made a motion to open the public hearing, seconded by Member McBride, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Attorney Dillard explained to the Commission what the hearing was for. It was noted that there were no comments for or against this zoning change. The Commission agreed that this item should be postponed until a later date when they would have time for a work session. Member Metting moved to close the public hearing, seconded by Member Sopas. The motion to close the hearing was passed by the following vote: Ayes: All members present aye Noes: None There being no further items on the agenda, Member Metting made a motion to close this meeting. Seconded by Member Sopas, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 10:15 p.m. Robert Fiumara, Chairman Beverly Nopp,~Commi~s~ion Secretary -5- MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON DECEMBER 16, 1982 A SPECIAL SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Bill Metting Member Bruce Sopas Member Members Pollard and McBride were not present, however a quorum was established. 1. CONSIDERATION OF PLANNED DEVELOPMENT ZONING REQUESTED BY FOX & JACOBS, INC. FOR "CLUSTER HOUSING" IN SUBDIVISION NO. 24 Mr. Ron Walden, representative for Fox & Jacobs, was present. He presented to the commission a copy of the deed restrictions, develop- ment plan, and a letter of commitment on the outside restrictions as worked out with the homeowners. Mr. I. R. Bradburry presented a copy of the preliminary plat which is also a part of the development plan. He also supplied a letter to the commission from Hunter Associates. Mr. Walden and Mr. Bradburry were both available to answer any further questions from the commission. Thereafter followed general discussion by the commission. After Chairman Fiumara received no further input from other commission members, he made a motion to recommend to the council not to approve these cluster homes based on the added traffic problems and also garbage problems. Seconded by Member Metting, the motion was passed by the following vote: Ayes: Members Metting and Fiumara Noes: Member Sopas There being no further items on the agenda for this evening, Member Sopas made a motion to close the meeting. Seconded by Member Metting, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None The meeting was adjourned at 8:20 p.m. R o~b e j~u~ 'ma r~a ~~rman Beverly Nopp, C6mmlsslon Secretary MINUTES OF THE PLANNING & ZONING COMMISSION OF THE CITY OF THE COLONY HELD ON DECEMBER 21, 1982 A REGULAR SESSION of the Planning and Zoning Commission of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Robert Fiumara Chairman Sandra Pollard Member Jay McBride Member Bruce Sopas Member Bill Netting Member and with no members absent; thus, a quorum was established. 1. CONSIDERATION OF ZONING CHANGE FOR A SPECIAL USE PERMIT FOR A PACKAGE STORE IN A SHOPPING CENTER ZONING AT GRIFFIN SQUARE SHOPPING CENTER UPON THE REQUEST OF SCOTT STONE, DEVELOPER, WITH BILL SHARP ACTING AS AGENT This Specific Use Permit was being requested for Suite 314, Lease A, in Griffin Square Shopping Center, for a liquor store to be operated by Mr. Bill Sharp. After discussion, Member Sopas moved to approve this request. Seconded by Member Pollard, the motion passed by the following vote: Ayes: Ail members present voted aye Noes: None There being no further business to come before the Commission, Member Sopas moved to adjourn the meeting. Seconded by Member McBride, the motion carried by the following vote: Ayes: Ail members present voted aye Noes: None Chairman Fiumara adjourned the meeting at 7:45 p.m. ROBIE T F~i U M~A~RA~,' CH~A i R~AN ATTEST: BEVERLY NOPP, CSMMIS~ION SECRETARY -1-